836, Construct a new stable (480 sq, Resolutions & Approval ConditionsRECORDING REQUESTED BY AND MAIO:
(Name'and mailing address, kcluding.city,. state,
and ZIP code, ofrequesting party)
I City of Rolling Hills
Planning Department
2 Portguese Bend Road
Rolling Hills, CA 90274
08/' '.'2 13
*20131181845*
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
DOCUMENT TITLE
❑ ABSTRACT OF JUDGMENT
❑ ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT
OTHER (specify): .AFFIDAVIT OF ACCEPTANCE FORM
76R855 CI-229 (New 7.96) RECORDER'S COVER SHEET Govl Code §27361.6
•
RECORDING REQUESTED BY AND
MAIL TO:
. CITY OF ROLLING HILLS
PLANNING DEPARTMENT
- 2 PORTUGUESE BEND RD.
- ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 836
XX CONDITIONAL USE PERMIT (SEE EXHIBIT A ATTACHED)
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
3 MEADOWLARK LANE, ROLLING HILLS, CA 90274 (LOT 19-RH)
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 836
XX CONDITIONAL USE PERMIT
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
gture Signature
Nafne typed or printed Name typed or printed
Address2)/ /, gplio 27'li t- Address
t-A././to di0A/Aits1:-
City/State City/State
Zip Code ' '?'y / Zip Code
• •
Signatures must be acknowledged by a notary public.
State of California )
- County of Los Angeles )
.On July 11, 2013 before me,
Debbie Wood, notary public
(Insert Name of Notary Public and Title)
Personally
appeared
Lydia de la Torre
who proved to me on the basis of satisfactory evidence to be the person() whose name(e) is/-afe-
subscribed to the within instrument and acknowledged to me that he/ she/ -they executed the same in
-his/her/their authorized capacity(+e&) and that by his/ her /their signature(e) on the instrument the
person(s), or the entity upon behalf of which the person(e) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notar
SZ < ( Seal)
--��-e-�-16
DEBBIE W00D
'Commission.# 1986847
z �� - Notary Public - California
® ,� Los Angeles County
are. My Comm. Expires Aug 27, 2016
RESOLUTION NO. 2013-09.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
TO CONSTRUCT A STABLE WITH COVERED PORCH AND A CORRAL IN
ZONING CASE NO. 836, AT 3 MEADOWLARK LANE, (LOT 19-RH) (DE LA
TORRE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY
EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER
AS FOLLOWS:
Section 1. An application was duly filed by Mr. Gregory Keenan, on behalf of a
property owner, Lydia De LA Torre, with' respect to real property located at 3
Meadowlark Lane (Lot 19-RH), Rolling Hills, CA requesting a Conditional Use Permit to
construct a 480 square foot stable with 120 square foot covered porch, 360 square foot loft
and 700 square foot corral, to be located in an area previously approved for a swimming
pool and where grading and disturbance for the swimming pool was approved. The pool
is proposed to be reduced from 410 square feet to 290 square feet and be re -located to the
upper level of the lot. Also proposed is a 96 square foot trellis near the pool and enlarged
basement. These additional projects on site are subject to administrative approval.
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application on March 19, 2013 and April 16, 2013 and at a field trip visit on
Apri116, 2013. The applicants were notified of the public hearings in writing by first class
mail. Evidence was heard and presented from all persons interested in affecting said
proposal and from members of the City staff and the Planning Commission having
reviewed, analyzed and studied said proposal. The applicants' representatives were in
attendance at the hearings. Two neighbors were present at the field trip.
Section 3. The, property is zoned RAS-1 and the gross lot area is 1.56 acres,
(excluding roadway easement). The net lot area, as calculated for development purposes,
is 56,013 square feet (1.29 acres).
Section 4. Pursuant to City requirements, applicants for new development are
required to construct a stable and corral or set aside a minimum of 450 square foot stable
area with adjacent 550 square foot corral area for future construction. The previous
owners requested and were granted a Variance from this requirement. The approval of
the Variance in the 2010 application did not preclude someone else from submitting plans
for a stable and corral in the future.
Section 5. In April of 2 1 1 the Planning Commission approved the construction
of a new 3,045 square foot r idence with 410 square foot garage, 324 square feet of
attached porches, 4 - foot swimming pool, including spa, pool equipment area,
and service yard. �� are foot basement was also approved. Grading for this
project was approve. - ., 14 bic yards of cut and fill. The pool was to be located on a
lower pad, in the loca + . where the stable and corral are currently proposed. The
applicants also received approval for Variances to waive the requirement to construct or
to set aside an area for a stable and corral and other miscellaneous variances were also
granted.
Currently the lot has been graded and the basement excavated and foundation poured.
Section 6. The Planning Commission finds that the project qualifies as Class 3
exemption from environmental review under the California Environmental Quality Act.
Section 7. Section 17.18 of the Rolling Hills Municipal Code permits approval
of a stable over 200 square feet and a corral over 550 square feet, provided the Planning
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3 Meadowlark Lane
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Commission approves a Conditional Use Permit. With respect to this request for a
Conditional Use Permit, the Planning Commission finds as follows:
A. Conditionally permitted uses are not outright permitted by the Rolling Hills
Municipal Code. The Commission must consider applications for conditional use
permit and may, with such conditions as are deemed necessary, approve a
conditional use which will not .jeopardize, adversely affect, endanger or to
otherwise constitute a menace to the public health, safety or general welfare or be
materially detrimental to the property of other persons located in the vicinity of
such use.
B. The granting of a Conditional Use Permit for the construction of the stable and
corral would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan because the use is consistent with similar uses in the
community, meets all the applicable code development standards for a stable and
corral, and the area is located in ap area on the property that is adequately sized
to accommodate .the stable and adjoining corral. The proposed structure is
appropriately located in that it will be sufficiently separated from nearby
structures used for habitation or containing sleeping quarters.
C. The nature, condition, and development of adjacent structures have been
considered, and the project will not adversely affect or be materially detrimental
to these adjacent uses, buildings, or structures because the proposed stable and
corral orientation is not towards neighbors and its general location is of sufficient
distance from nearby residences so as to not impact the view or privacy of
surrounding neighbors. Condition has been added tot his approval that if threes
or shrubs are planted, they shall not block the view from adjacent properties. The
proposed stable and corral are to be located on an already graded area, previously
approved for a swimming pool, therefore preserving the natural terrain of .the
remaining of the property.
D. The project is harmonious in scale and mass with the site, the natural terrain, and
surrounding residences because the stable complies with the low profile
residential development pattern of the community and will not give the property
an over -built look, and the corral area will remainopen and unobstructed. The lot
is 1.28 acres net in size and is sufficiently large to accommodate the proposed
structure.
E. The proposed conditional use complies with all applicable development
standards of the zone district and requires a Conditional Use Permit pursuant to
Section 17.18 of the Zoning Ordinance.
F. The proposed conditional use is consistent with the portions of the Los Angeles
County Hazardous Waste Management Plan relating to siting criteria for
hazardous waste facilities because the project site is not listed on the current State
of California Hazardous Waste and Substances Sites List.
Section 8. Based upon the foregoing findings the Planning Commission hereby
approves Zoning Case No. 836 a Conditional Use Permit for a stable and corral, subject
to the following conditions:
A. The Conditional Use Permit approval shall expire within two years from
the effective date of approval as defined in Section 17.42.070A of the Zoning Ordinance,
except that no extension shall be granted.
B. It is declared and made a condition of this approval that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written notice to cease
such violation, the opportunity for a hearing has been provided, and if requested, has
Reso. 2013-09
3 Meadowlark Lane
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been held, and thereafter the applicant fails to correct the violation within a period of
thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied
with unless otherwise set forth in this permit, or shown otherwise on an approved plan.
D. The conditions of approval specified herein shall be printed on the
construction plans submitted to the buidling department for plan check and permitting
and shall be available at all time at the construction stie.
E. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated March 14, 2013 except as otherwise provided in these
conditions. The working drawings submitted to the Department of Building and Safety
for plan check review shall conform to the approved development plan. All conditions
of the CUP approval, herein as applicable, shall be incorporated into the building permit
working , drawings and complied with prior to issuance of a building permit from the
building department.
F. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be submitted
to City staff for verification that , the final plans are in compliance with the plans
approved by the Planning Commission.
G. The licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform
in all respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project
shall execute a Certificate of Construction stating that the project will be constructed
according to this Resolution and any plans approved therewith.
H. Structural lot coverage of the lot shall not exceed 4,789 square feet or 8.55%
of the net lot area, in conformance with lot coverage limitations (20% maximum).
I. The total lot coverage proposed including structures and flatwork shall not
exceed 8,937 square feet or 16.0%, of the net lot area, in conformance with lot coverage
limitations (35% max).
J. Grading for this project shall consist of additional 355 cubic yards of dirt
above and beyond the previously approved of 2,178 cubic yards. The disturbed area of
the lot shall not exceed 36.1 % of the net lot area, which is 1 % above the previously
approved disturbance.
K. The building pad coverage on the 1,612 square foot stable pad shall not
exceed 34.2%. The building pad coverage on the 7,600 square foot residential building
pad shall not exceed 51.1%, including the pool and excluding the allowed deductions.
L. The applicant shall comply with all requirements of the Lighting
Ordinance of the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting and
roof covering (RHMC 17.16.190), as well as all other development standards.
M. All utility lines to the stable shall be placed underground.
N. A drainage plan, if required by the Building Department shall be prepared
and reviewed by City Staff prior to issuance of a construction permit. Such plan shall be
subject to County Code requirements.
O. The stable uses, interior and exterior design are subject to the requirements
of Section 17.18.060 of the RH Zoning Ordinance. The surface of the corral, paddock and
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3 Meadowlark Lane
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•
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areas adjacent to the agricultural portion of the stable shall remain permeable at all
times.
P. The access to the stable shall be roughened and shall not be entirely paved.
The access may not exceed 25% in slope. Modify the lawn area by the pool to allow for a
better access to the stable and retain the tree along the access. Submit a landscaping plan
for the pool area and graded areas for stable.
P1. Should the construction of the stable not commence within two years of the
effective date of this resolution, the graded stable pad shall be returned to its pre -graded,
original condition. Except that a previously approved swimming pool approved by
• ResolutionNo. 2010-08, as amended by Resolution No. 2012-08 may be constructed, if
construction commences by May 27, 2014.
Q. If trees or shrubs are planted with this project, they shall be of a type that
do not grow higher than the ridge line of the stable and shall be maintained at such
height at all times, so that not to impair neighbors' view. The landscaping, if planted,
shall include native drought -resistant vegetation and be planted in an offset manner so
that not to result in a hedge like screen.
R. Perimeter easements and trails, if any, including roadway easements shall
remain free and clear of any improvements including, but not be limited to, fences
including construction fences, landscaping, irrigation and drainage devices, except as
otherwise approved by the Rolling Hills Community Association.
S. 50% of any construction materials must be recycled or diverted from
landfills and verification provided to City. The hauler of the materials shall obtain City's
Construction and Demolition permit prior to start of work.
T During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the hours
of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical
equipment noise is permitted, so as not to interfere with the quiet residential
environment of the City of Rolling Hills.
U. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take .place within nearby roadway
easements.
V. The property owners shall be required to conform with the Regional Water
Quality. Control Board and County Public Works Department Best Management
Practices (BMP's) requirements related to solid waste, drainage and storm water
drainage facilities management.
W. Notwithstanding Section 17.46.070 of the Rolling Hills Municipal Code, any
modifications, to the property or this project, which would constitute additional
grading or structural development. shall require the filing of a new application for
approval by the Planning Commission.
X. All conditions of approval of Resolution No. 2010-08 dated April 27, 2010,
except as specified herein, shall be in full force and effect.
Y. The applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval shall not be effective.
Z. Any action challenging the final decision of the City made as a result of the
public hearing on this application must be filed within the time limits set forth in Section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
Reso. 2013-09
3 Meadowlark Lane
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PASSED, APPRO . D ADOPTED THIS 21st DAY OF MAY 2013.
HELP, CHAIRMEN
ATTEST444111,6
HEIDI LUCE, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 2013-09 entitled:
A . RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A CONDITIONAL USE PERMIT
TO CONSTRUCT A STABLE WITH COVERED PORCH AND A CORRAL IN
ZONING CASE NO. 836, AT 3 MEADOWLARK LANE, (LOT 19-RH) (DE LA
TORRE). THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY
EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA).
was approved and adopted at regular meeting of the Planning Commission on
May 21, 2013 by the following roll call vote:
AYES: Commissioners Henke, Mirsch, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
C4L4
DEPUTY CJTY CLERK
Reso. 2013-09
3 Meadowlark Lane
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R
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RESOLUTION NO. 2010-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW RESIDENCE ON A VACANT
LOT; GRANTING A VARIANCE FROM THE REQUIREMENT THAT A
STABLE AND CORRAL BE CONSTRUCTED OR AN AREA FOR A FUTURE
STABLE AND CORRAL BE SET ASIDE, AND GRANTING VARIANCES TO
ALLOW THE MOTOR COURT TO COVER MORE THAN THE ALLOWED
AREA OF THE FRONT SETBACK AND TO CONSTRUCT A NOT TO EXCEED
5-FOOT HIGH WALL ALONG A PORTION OF THE MOTOR COURT IN THE
FRONT SETBACK IN ZONING CASE NO. 779, AT 3 MEADOWLARK LANE,
(LOT 19-RH), (WEINSTEIN). PROJECT HAS BEEN DETERMINED TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Albert Weinstein with
respect to real property located at 3 Meadowlark Lane, Rolling Hills (Lot 19-RH) requesting a
Site Plan Review to construct a new 3,045 square foot residence with 410 square foot garage,
324 square feet of attached porches, 410 square foot swimming pool, including spa, pool
equipment area, service yard, and 2,106 square foot basement. Grading for this project will
consist of total of 2,314 cubic yards of cut and fill, which includes excavation for the basement.
The applicants also seek Variances to waive the requirement to construct or to set aside an area
for a stable and corral, to cover 19% of the front setback by the motor court and to construct
not to exceed 5-foot high wall along a portion of the motor court in the front setback.
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application at a regular meeting on April 20, 2010 and at a field trip to the
property on April 20, 2010. Several neighbors were present at the field trip and provided
testimony regarding this project. The applicants were notified of the public hearings in writing
by first class mail. Evidence was heard and presented from all persons interested in affecting
said proposal and from members of the City staff and the Planning Commission having
reviewed, analyzed and studied said proposal. The applicants and their representatives were
in attendance at the hearings.
Section 3. The property is zoned RAS-1 and the gross lot area is 1.56 t acres,
(excluding roadway easement). The net lot area, as calculated for development purposes, is
56,013 square feet (1.29 acres). The lot is located along a cul-de-sac with a narrow and irregular
roadway easement frontage. The rear of the property consists of a steep slope into the canyon
that is visible from Palos Verdes Drive North, east of City Hall. The property is currently
vacant. In 2007, the previous property owners demolished the then existing house, which was
built in the early 1950's. The house was 2,143 square feet with a 468 square foot garage.
Approximately 25% of the house was located in the front setback and the entire garage was
located in the front and side setbacks.
Section 4. The Planning Commission finds that the project qualifies as a Class 3
Exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 5. The Planning Commission considered the request for the Variances and
reviewed the size and shape of the lot and the size of the previous structures on the lot. The
Planning Commission, after consideration and discussion, came to the conclusion that the size
and configuration of the lot could not support the construction of a stable and corral. By
granting this Variance the City is not setting a precedent for similar requests in the future
because it makes its determination on the unique characteristics of this property and the
current circumstances. Granting the Variance so as to relieve the property owner from the
obligation to identify and set aside an area for a stable and corral does not preclude the current
or future property owners from applying to the City for approval to construct a stable and
corral at a future date if a suitable location or construction plan is later identified.
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3 Meadowlark Lane
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t
Section 6. Section 17.46.030 requires a development plan to be submitted for Site
Plan Review and approval before any grading requiring a grading permit or any building or
structure may be constructed or any expansion, addition, alteration or repair to existing
buildings may be made which involve changes to grading or an increase to the size of the
building or structure by at least 1,000 square feet and has the effect of increasing the size of the
building by more than twenty-five percent (25%) in any thirty-six (36) month period. With
respect to the Site Plan Review application requesting grading and construction of a new
residence, the Planning Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses because the proposed structures comply with the General
Plan requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The project is not excessive at 3,045 square foot
residence with a two car garage and a pool. The homes in the neighborhood are very similar in
size to the proposed home. The project conforms to Zoning Code lot coverage requirements,
and specifically the coverage of the lot by .structures is much less than the maximum
permitted. The net lot area of the lot is 56,013 square feet, (1.28 acres). The structural lot
coverage of the net lot is proposed to be 4,318 sq.ft. or 7.7%, which is within the maximum 20%
structural lot coverage requirement. The total lot coverage including all structures, paved
areas and driveway, including two motor courts will be 8,777 sq.ft. or 15.7% of the net lot,
which is within the 35% maximum overall net lot coverage requirement. The proposed project
will be screened from the road so as to reduce the visual impact of the development. Several
residences in the vicinity have testified in support of this project.
B. The development plan substantially preserves the natural and undeveloped state
of thelot by minimizing building coverage because the new structure will not cause the lot to
look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain
open space on the property. The applicants propose utilize the majority of the existing
building pad in addition to grading for an extended building pad. The lot is steep and the
natural topography of the sloped areas will remain. The nature, condition, and development of
adjacent uses, buildings, and structures and the topography of the lot have been considered,
and the construction of the new house will not adversely affect or be materially detrimental to
the adjacent uses, buildings, or structures because the proposed structure will be constructed
on a portion of the lot which is least intrusive to surrounding properties, will be screened and
landscaped with trees and shrubs, is a sufficient distance from nearby residences so that the
proposed structures will not impact the view or privacy of surrounding neighbors, and will
substantially utilize the existing building pad.
C. The proposed development, as conditioned, is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. The lot is similar in size to the
lots along Meadowlark Lane, and the proposed house is not excessive for the size of the lot.
The project observes all of the setback requirements, whereas all, but one, of the homes on the
street encroaches into the front setback. The previous house on subject site also encroached
into the front setback. The structure is proposed to be located behind the required setbacks
with a large open courtyard in the front of the house so that the structure is not going to make
the lot look overdeveloped. As indicated in Paragraph A, the lot coverage maximum set forth
in the Zoning Code will not be exceeded. The project exceeds the 30% guideline coverage of
the building pad. The Planning Commission considered the exceedance and determined that
the request is warranted due to the difficulty of the lotto create larger pad, the fact that a
portion of the level area located in setbacks may not be counted towards the size of the
building pad for new residence and the fact that the proposed home is smaller than most new
homes in the City, is not much larger than the home that was located on the lot previously,
(except for the basement), which was demolished. All of the homes on Meadowlark Lane have
a small building pad area, and therefore large coverage.
D. The development plan incorporates existing trees and is screened from other
properties and the road by existing mature vegetation, which will be preserved. Several trees
will be removed, thus creating a view towards the canyon for the applicant and opening up a
view for a neighbor.
E. The development plan does not create large amounts of grading. The
development plan follows to the maximum extent practicable contours of the site to minimize
grading and retain the natural drainage courses. The project utilizes most of the existing
building pad area for the residence, however, due to the setback requirements the house is
being moved to the rear, behind the setbacks. Grading for this project will involve 1,157 cubic
yards of cut and 1,157 cubic yards of fill of dirt, including excavation from the basement. It is
Reso. 2010-08
3 Meadowlark Lane
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anticipated that all dirt will be used on site and no export of dirt is planned. The graded areas
will be landscaped.
F. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because parking court is proposed on
site, so that more vehicles can be taken off Meadowlark Lane. Meadowlark Lane is very
unique in that it is very narrow. The roadway easement on that street is 25 feet with paved
area for vehicular travel varying from 18 feet to 16 feet in width. Several of the garages front
on the street and are located very close thereto, creating hazardous conditions when backing
out onto the street. Consideration for this condition was given by the Planning Commission in
allowing a motor court to encroach into the front setback on the project site, so that fewer cars
are parked on Meadowlark Lane.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 7. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code
permit approval of a Variance from the standards and requirements of the Zoning Ordinance
when exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity. A Variance
from Section 17.16.170 is required because it states that every lot or parcel for which an
administrative or discretionary approval is required shall have an area developed with or set
aside for a combination stable and corral of a minimum of 1,000 square feet, and access way
thereto that does not exceed a slope of 25%. The applicant is requesting a Variance to not to set
aside an area for a stable and corral. With respect to this request for a Variance, the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to the property that do not apply generally to the other properties or class of use in the same
vicinity and zone. The property was subdivided in 1968 in a manner that did not leave room
for a future stable and corral. The lot is narrow at the front and slopes steeply in the rear. The
parcel cannot support construction of a stable and corral without it being constructed in the
canyon, which would require tremendous grading and disruption of the natural terrain. These
circumstances currently exist and the proposed project does not create the inability nor
contribute to these circumstances that necessitate this Variance.
B. The Planning Commission considered the request for this Variance and reviewed
the size and shape of the lot and the size of the previous structures on the lot. The Planning
Commission, after consideration and discussion, came to the conclusion that the size and
configuration of the lot could not support the construction of a stable and corral. By granting
this Variance the City is not setting a precedent for similar requests in the future because it
makes its determination on the unique characteristics of this property and the current
circumstances. Granting the Variance so as to relieve the property owner from the obligation
to identify and set aside an area for a stable and corral does not preclude the current or future
property owners from applying to the City for approval to construct a stable and corral at a
future date if a suitable location or construction planis later identified.
C. The Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, but which is denied
to the property in question. When the previous house was constructed, although smaller by
approximately 900 square feet and had no basement a requirement for a set aside area for a
stable and corral was not required, and the pad was developed in such a manner as not to be
conducive to a stable and corral. The application for the residence triggers the requirement
that an area for a stable and corral be set aside. The proposed project is not the cause for the
inability to set aside an area for a stable and corral on the lot because the existing lot could not
accommodate a stable and corral that would meet the Health Department's and City's
requirement that a stable and corral be located not less than 35 feet to residential structure and
25 feet to side property line.
D. The granting of the Variance would not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located. There is no suitable area on the property to construct a stable and corral.
The views and vistas from adjacent properties will be retained, as there will be no structure
placed on the slopes of subject property. The variance will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property owners.
Reso. 2010-08
3 Meadowlark Lane
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E. In granting of the Variance the spirit and intent of the Zoning Ordinance will be
observed in that no additional grading will occur in the future and the natural terrain and
vistas will be preserved.
F. The Variance request is consistent with the General Plan of the City of Rolling
Hills because in order to construct a stable and corral substantial grading would have to be
undertaken and importation of soil would be required, which is not in keeping with the goal
of the General Plan.
G. The project conforms to the requirements of the California Environmental
Quality Act and the Los Angeles County Hazardous Waste Management Plan.
Section 8. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code
permit approval of a Variance from the standards and requirements of the Zoning Ordinance
when exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed by similar properties in the same vicinity. A Variance to
Section 17.16.150 is required because it states that a motor court may not exceed 10% of the
area of the setback in which it is located. Further, Section 17.16.150 F and G state that walls not
to exceed 3-feet, under certain circumstances, may be located in setbacks. The applicants
request Variance to allow for the motor court to cover 19% of the front setback and to construct
a 5-foot high wall along a portion of the motor court in the front setback. With respect to this
request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to the property that do not apply generally to the other properties or class of use in the same
vicinity and zone. The subject property, together with the adjoining properties, was developed
on a small building pad with steep slopes descending towards Palos Verdes Drive North. The
slopes beyond the existing building pad descend to a canyon at a gradient of over 35%. In
order to accommodate a medium size residence and keep within the setback requirements,
only a two car garage may fit on the property. The applicants requested a motor court in the
front setback to remove spill over cars from the street. Meadowlark Lane is a short and narrow
street, where the roadway pavement varies between 16 and 18 feet in width. The cul-de-sac is
substandard and difficult to maneuver, especially when there are cars parked on the street.
The Planning Commission found that removing cars from the street, by allowing a motor court
and a necessary wall in the front setback would protect the health arid safety of all residents on
the street. These circumstances currently exist and the proposed project does not create the
inability nor contribute to these circumstances that necessitate this Variance.
B. The Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, but which is denied
to the property in question. The Planning Commission considered the request for this Variance
and reviewed the size and shape of the lot and the size of the previous structures on the lot.
The Planning Commission, after consideration and discussion, came to the conclusion that the
size and configuration of the lot together with the length and width of Meadowlark Lane
support the granting of the Variance. By granting this Variance the City is not setting a
precedent for similar requests in the future because it makes its determination on the unique
characteristics of this property and the current circumstances.
C. The granting of the Variance would not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located. There are circumstances related to this property that are beyond the
applicants' control, such as the size and configuration of the lot and the nature of the street
that warrant granting of the variance. The variance will permit the owners to enjoy their
property without deleterious infringement on the rights of surrounding property owners in
regards to street parking.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be
observed in that the wall will be screened and the motor court will be of pervious surface,
which will aid in storm water management measures and will reduce number of parked
vehicles on the narrow street and substandard cul-de-sac.
E. The project conforms to the requirements of the California Environmental
Quality Act and the Los Angeles County Hazardous Waste Management Plan.
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3 Meadowlark Lane
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Section 9. Based upon the foregoing findings in Sections 6, 7 and 8, the Planning
Commission hereby approves the Site Plan Review application and Variances in Zoning Case
No. 779 for grading and construction of a new residence, garage, basement and pool; variances
for the motor court and wall in front setback, and to waive the requirement for a stable and
corral as shown on the Site Plan dated April 21, 2010 subject to the following conditions:
A. The conditions of approval specified herein shall be printed on all construction
plans and shall be at all times available at the construction site.
B. The Site Plan Review and Variances approvals shall expire within two years
from the effective date of approval if construction pursuant to this approval has not
commenced within that time period, as required by Sections 17.46.080(A) and 17.38.070(A) of
the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to
the requirements of those sections.
C. It is declared and made a condition of the approval, that if any conditions thereof
are violated, this approval shall be suspended and the privileges granted hereunder shall
lapse; provided that the applicants have been given written notice to cease such violation, the
opportunity for a hearing has been provided, and if requested, has been held, and thereafter
the applicant fails to correct the violation within a period of thirty (30) days from the date of
the City's determination.
D. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied with
unless otherwise set forth in this approval, or shown otherwise on an approved plan.
E. The lot shall be developed and maintained in substantial conformance with the
revised site plan on file dated APRIL 21, 2010 and elevation plans dated March 10, 2010, except
for the third car garage in the front setback.
F. The Variance from the requirement to construct a stable and corral or set aside an
area for a future stable and corral is hereby approved. However, this approval does not
preclude the current or future property owners from applying to the City for approval to
construct a stable and corral at a future date if a suitable location or construction plan is later
identified.
G. The working drawings submitted to the Department of Building and Safety
(either County or Engineering consultants), for plan check review must conform to the
development plan approved with this application. In addition, prior to submittal of final plans
to the Building Department for issuance of building permits, the plans for the project shall be
submitted to staff for verification that the final plans are in compliance with the plans
approved by the Planning Commission.
H. Grading shall not exceed a total of 2,314 cubic yard of cut and fill total, which
includes excavation of the basement, and shall be balanced on site. If needed, only excavated
material may be hauled away.
I. Structural lot coverage shall not exceed 4,318 square feet or 7.7%.
J Total lot coverage of structures and paved areas shall not exceed 8,777 square
feet (including both motor courts) or 15.7% in conformance with lot coverage limitations.
K. The motor court in the front setback shall have a pervious surface to be approved
by staff.
L.
35.1%.
The disturbance of the lot shall not exceed 19,661 square feet of surface area or
M. Residentiaf building pad cos rage on the 7,600 square feet residential building
pad shall not exceed o (not including portion of the covered porches). The pool pad shall
be 1,159 square feet and have coverage of 37.4%.
N. A minimum of four -foot level path and/or walkway, which does not have to be
paved, shall be provided around the entire perimeter of the residence and garage.
O. The project shall be reviewed by the RHCA Architectural Committee.
d
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3 Meadowlark Lane
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P. The proposed garage back up area, shown on the site plan as Located in the
easement, shall be approved by RFICA.
ifficie
Q. The applicant shall be required to conform to the City of Rolling Hills Water
nt Landscape Ordinance. The applicant shall submit to the City two copies of a
landscaping and irrigation plan and water usage certification prior to obtaining grading or
building permits. Within 90-days of completion of the construction ofthe proiect. the a licant
shall submit a landscaping compliance certification. Re iew and approval of the landscaping
(plan from the hire ueparrnierit-shall-b quire .
R. The property shall be landscapedand screened from adjacent properties. The
graded areas shall be landscaped with low growing deep rooted plants The two Eucalyptus
trees on the south east side of the property, below the building pad, shall be removed. The
trees located where the grading will take place shall be removed. If new shrubs or trees are
planted, they at maturity shall not exceed the roof line of the residence, and shall be
maintained in such a manner as not to block neighbors' views. In addition, such shrubs and
trees shall be planted in an offset manner, and in a sufficient distance from each other so that
when mature would not create a hedge, but a see through screen.
S. All utility lines to the residence shall be placed underground.
T. The pool equipment shall be screened from view. A sound attenuating material
shall be installed to limit the noise from the equipment area.
U. The proposed basement shall not exceed 2,106 square feet and shall meet all GI
requirements of the Los Angeles County Building Code for basements, including exit door.
and provision for light and ventilation. The basement light well walls shall be screened from
view from the neighbors.
V. The proposed wall along the motor court in the front setback may not exceed 5
feet at any one point and shall vary in height, from a 6 inch curb to five feet and shall be
screened with landscaping to maximum extent practicable.
W. The property owners shall be required to conform to the City of Rolling Hills and
RHCA roofing material standards, Outdoor Lighting Standards, undergrounding of utility
lines requirements, as well as all other requirements of the Municipal Code.
X. Minimum of 50% of the construction material spoils shall be recycled and
diverted. The hauler must be licensed by the City, must have the appropriate insurance and
must provide the appropriate documentation to the City.
Y. There shall be no dumping of any debris, trash, soil spoils, construction materials
or any other matter into the canyon.
Z. Any increase in grading quantities, limits of grading or disturbed area on the
property that varies from this approval and is within the purview of staffs approval, shall
be reviewed and approved by staff and reported to the Planning Commission.
AA. The property lines, easement lines and setbacks shall be delineated during the
entire duration of the construction and no grading or construction shall take place in the
easement, unless approved by the RHCA.
AB. During and after construction perimeter easements and trails shall remain free
and clear of encroachments including, but not be limited to, site development, driveways,
motor court,fences-including construction fences, grading, landscaping, irrigation, drainage
devices, play equipment, parked vehicles, building materials, debris and other equipment,
unless otherwise approved by the RHCA.
AC. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday only, when construction and mechanical equipment
noise is permitted, so as not to interfere with the quiet residential environment of the City of
Rolling Hills.
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3 Meadowlark Lane
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AD. During grading and construction operations, trucks shall not park, queue and/or
idle at the project site or in the adjoining right-of-way before or after the permitted hours of
operations. To the maximum extent possible, staging of equipment and parking of vehicles
during construction shall be on site.
AE. The contractors and subcontractors are to encourage their employees to car-pool
into the City.
AF. Cut and fill slopes shall not exceed steepness as shown on the development plan
dated April 21, 2010. To the greatest extent practicable, effort should be made to create gentler
slopes than 2:1, without exceeding disturbance of the lot.
AG. As part of the soils and geology report, location for a future septic tank to serve
the new single family residence will be established. All applicable State and County
requirements, including County Health Department, pertaining to septic tanks construction
and maintenance shall be complied with. The applicant may explore the feasibility of
connecting to a sewer system located along Palos Verde Drive North right of way and shall
contact the appropriate agencies, including the City of Rolling Hills Estates Public Works
Department.
AH. The applicant shall comply with grading requirements relative to submitting
grading and construction reports on a bi-weekly basis, or as otherwise required by the
Building and Grading Code.
AI. The applicant shall comply with requirements for bonding for grading and all
other requirements resulting from the review of the soils and geology reports.
AJ. The applicant shall submit and obtain approval of a drainage plan from the
Building Official. Prior to issuance of any grading permits and/or a building permit for new
construction such approved plan shall be submitted to the Planning Department for review
and filing.
AK. No drainage device may be located in such a manner as to contribute to erosion
or in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be
designed in such a manner as to not cross over any equestrian trails or easements. The
drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors,
including in the design of the dissipater and shall be screened from any trail and neighbors
views to the maximum extent practicable, without impairing the function of the drainage
system. The drainage plan shall address the water flow from the street.
AL. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Public Works Department requirements for the installation and
post construction maintenance of stormwater drainage facilities.
AM. During construction, conformance with the air quality management district
requirements shall be complied with, so that people or property are not exposed to undue
vehicle trips, noise, dust, and objectionable odors. The grading activities shall be watered on a
daily basis, or more often, if necessary.
AN. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMPs) related to solid waste and storm management.
AO. An Erosion Control Plan per County of Los Angeles Uniform Building Code
requirements shall be prepared to minimize erosion and to protect slopes and channels to
control storm water pollution as required by the Code.
AP. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variances approvals, as required by the Municipal
Code, the approvals shall not be effective.
AQ. All conditions of the Site Plan and Variances approvals, that apply, shall be
complied with prior to the issuance of grading or building permit.
Reso. 2010-08
3 Meadowlark Lane
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!
AR. During the entire construction process, the property lines, easement lines and
setback lines shall be staked in the vicinity of the construction, and the stakes shall be kept in
good condition.
AS. The applicant shall pay all of the applicable Building and Safety and Public
Works Department fees, including City's Parks and Recreation Fees and Palos Verdes
Peninsula Unified School District fees for new residence.
AT. Any action challenging the final decision of the City made as a result of the
public hearing on this application must be filed within the time limits set forth in Section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6
PASSED, APPROVED AND ADOI'i'ED THIS 27th DAY OF APRIL 2010.
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
JI SMITH, VICE -CHAIRPERSON
Reso. 2010-08
3 Meadowlark Lane
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•` rt
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2010-08 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW RESIDENCE ON A VACANT
LOT; GRANTING A VARIANCE FROM THE REQUIREMENT THAT A
STABLE AND CORRAL BE CONSTRUCTED OR AN AREA FOR A FUTURE
STABLE AND CORRAL BE SET ASIDE, AND GRANTING VARIANCES T,O
ALLOW THE MOTOR COURT TO COVER MORE THAN THE ALLOWED
AREA OF THE FRONT SETBACK AND TO CONSTRUCT A NOT TO EXCEED
5-FOOT HIGH WALL ALONG A PORTION OF THE MOTOR COURT IN THE
FRONT SETBACK IN ZONING CASE NO. 779, AT 3 MEADOWLARK LANE,
(LOT 19-RH), (WEINSTEIN). PROJECT HAS BEEN DETERMINED TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
was approved and adopted at a regular meeting of the Planning Commission on April 27, 2010
by the following roll call vote:
AYES: Commissioners Henke, Witte and Vice Chairperson Smith.
NOES: None.
ABSENT: Commissioner Pieper and Chairperson DeRoy.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
gkcit(zo
HEIDI LUCE
DEPUTY CITY CLERK
Reso. 2010-08
3 Meadowlark Lane
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